In Brief
Tota Ram inherited land through a registered will dated 1988 from his uncle Beli Ram. Vikram Singh claimed a later will (1994) and sold portions to others. The trial court dismissed Tota Ram's suit, but the first appellate court reversed, finding the 1988 will genuine and the 1994 will invalid. The High Court agreed but granted Section 41 protection to the purchasers. The Supreme Court held that Section 41 of the Transfer of Property Act requires the true owner's consent to protect purchasers—which was never given or pleaded. The Court allowed Tota Ram's appeal, set aside the High Court's protection for the purchasers, and fully restored the lower appellate court's decree declaring him the sole owner.
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